State v. Long

656 A.2d 1228 (1995)

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Nature of the Case

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Facts

LaFlamme was subpoenaed to testify before a grand jury considering charges against Bodman. LaFlamme refused to testify and informed Bodman's mother that the state might be looking for Bodman. The trailer owned by LaFlamme was painted with 'narc,' 'rat,' vulgarities, and sexual obscenities about LaFlamme's girlfriend. On September 24, the trailer was burned down. D and Oakes were charged with setting the fire based on statements they made during conversations they had with law enforcement officers. They talked about setting someone up to take the blame for the fire and that they would not be personally involved in setting the fire because they had engaged someone else to do it. After the fire, both men referred to a fire that had occurred and mentioned the name 'Frank' in conjunction with it. Frank Achorn, an acquaintance of D and Oakes, was arrested on charges unrelated to this case. Achorn had singed hair, eyebrows, wrists, and pink blotches on both hands. Achorn testified that he did not set the fire and that neither D nor Oakes asked him to set the fire. LaFlamme spoke with Bodman, who allegedly admitted that he was responsible for setting the fire. At trial, LaFlamme testified about his discussion with Bodman and P objected that it was hearsay and that it could come in as a statement against interest only if corroborating circumstances existed. D argued that the corroborative evidence was that Bodman had a motive to act against LaFlamme, Bodman voluntarily made the statement, and there was no collusion between the two. D argued that the statement was exculpatory because Bodman admitted responsibility for the crime. The court ruled the evidence inadmissible. D was convicted. D contends that the court erred in excluding LaFlamme's testimony about who set the fire.